Chapter 5.31
PANORAM DEVICES
Sections
5.31.020 Panoram premises license required.
5.31.030 Panoram device license required.
5.31.040 Panoram operator’s license required.
5.31.050 License fee – Terms – Assignment – Renewals.
5.31.060 License application – Report by City departments.
5.31.070 Inspection of panoram premises.
5.31.080 Issuance of licenses.
5.31.090 Suspension or revocation of licenses – Notices – Summary suspension.
5.31.110 Premises regulations.
5.31.010 Definitions.
(1) Use of Words and Phrases. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
(2) “Panoram,” “preview,” “picture arcade,” or “peep show,” means a device that, for payment of a fee, membership fee, or other charge, is used to view, exhibit, or display a film, videotape, laserdisc, digital TV, CD-ROM, or similar video or audio media. All such devices are denominated in this chapter by the terms “panoram” or “panoram device.” The terms “panoram” and “panoram device” as used in this chapter do not include games that employ pictures, views, or video displays, or gambling devices regulated by the state.
(3) “Panoram premises” means a premises or portion of a premises on which a panoram device is located and to which members of the public are admitted. The term “panoram premises” as used in this chapter does not include movie or motion picture theater auditoriums capable of seating more than five people.
(4) “Panoram station” means a portion of a panoram premises on which a panoram device is located and where a patron or customer would ordinarily be positioned while watching the panoram device. [Ord. 1035 § 1, 1993.]
5.31.020 Panoram premises license required.
(1) It is unlawful to display, exhibit, expose, or maintain a panoram device upon a premises to which members of the public are admitted unless there is a valid and current panoram premises license for such premises.
(2) A separate panoram premises license is required for each panoram premises and the license is at all times to be conspicuously posted and maintained.
(3) The city clerk shall prescribe the form of such license, number the same, and shall indicate on the license the number of panoram devices that may be operated under the license, and the location of the licensed panoram premises. [Ord. 1035 § 2, 1993.]
5.31.030 Panoram device license required.
(1) It is unlawful to display, exhibit, expose, or maintain for public use a panoram device upon a panoram premises without first having obtained a panoram device license for each such panoram device.
(2) Panoram device licenses are issued for specific panoram premises only and are not transferable.
(3) The current panoram device license for each panoram device shall be securely attached to each panoram device in a conspicuous place.
(4) The city clerk shall prescribe the form of such license and number the same. [Ord. 1035 § 3, 1993.]
5.31.040 Panoram operator’s license required.
It is unlawful to own and exhibit or display for public use, or to place with another, by lease or otherwise, for public use, exhibit or display, a panoram device without a valid and current panoram operator’s license. The city clerk shall prescribe the form of such license and shall number the same. [Ord. 1035 § 4, 1993.]
5.31.050 License fee – Terms – Assignment – Renewals.
(1) The license year for licenses under this chapter shall be from January 1st to December 31st. All licenses under this chapter expire on December 31st of each year. Except as otherwise provided in this chapter, all license fees required by this chapter are payable on an annual basis. Annual license fees are as follows:
(a) Panoram premises license, $100.00 per annum;
(b) Panoram device license, $50.00 per annum for each device;
(c) Panoram operator license, $725.00 per annum.
(2) License fees under DMMC 5.31.050(1) are not prorated, except if the original application for a license is made subsequent to June 30th in a year, the license fee for the remainder of that year is one-half of the annual license fee. Licenses issued under this chapter may not be assigned or transferred to other premises, operators, or devices.
(3) On or before December 31st of each year, a licensee under this chapter shall file an application for renewal of each license the licensee wishes to use in the next license year. An application for renewal of a license shall be filed in the same manner as an original application for such a license and shall be accompanied by a renewal fee in an amount equal to the license fee applicable to an original application for such a license under DMMC 5.31.050(1). On renewal applications filed after December 31st, the city clerk shall assess and collect an additional charge as follows:
(a) If the application is more than six but less than 31 days late, the additional charge is 25 percent of the renewal fee.
(b) If the application is more than 30 but less than 61 days late, the additional charge is 50 percent of the renewal fee.
(4) If a licensee, on or before December 31st of any year, gives written notice to the city clerk that the licensee will not, after December 31st, conduct business in a manner requiring a license under this chapter, the licensee may reapply for a license at any time the licensee wishes to conduct a business requiring such a license.
(5) If a licensee does not give written notice as provided for in DMMC 5.31.050(4), or having given such notice, operates after December 31st in a manner requiring a license under this chapter, and does not renew the required license as provided in DMMC 5.31.050(3), the license shall be automatically revoked on the sixty-first day following the prior December 31st and the licensee may not reapply for such license for a period of one year from the date of revocation. Upon such revocation, the city clerk shall promptly mail written notice of the revocation to the licensee. [Ord. 1035 § 5, 1993.]
5.31.060 License application – Report by City departments.
(1) A person seeking a panoram premises license, panoram operator’s license, or panoram device license shall file a written application with the City Clerk on a form provided by the City Clerk for that purpose. The City Clerk, upon presentation of the application and before acting upon the same shall refer the application to the City Police Department, which shall make a full investigation as to the truth of the statements contained in the application, and to the City Department of Community Development, South King Fire and Rescue, and Seattle-King County Health Department, which shall investigate and provide information to the City Clerk concerning compliance of the premises and devices sought to be licensed with this chapter and other applicable City, county, and state health, zoning, building, fire, and safety ordinances and laws.
(2) An applicant for a license or license renewal under this chapter is required to provide information as follows:
(a) With each application for a panoram premises license or renewal thereof, applicant shall provide:
(i) The name, address, and telephone number of each person applying for the license;
(ii) The name, address, and telephone number of each person holding an ownership, leasehold, or interest in the panoram premises;
(iii) The name, address, and telephone number of the manager or other person responsible for the operation of the premises;
(iv) The address of the premises;
(v) The number of panoram devices to be located on the premises; and
(vi) A sketch or drawing sufficient to show the layout of the premises, including information necessary to determine whether the premises complies with this chapter.
(b) With each application for a panoram device license or license renewal, applicant shall provide:
(i) The name, address, and telephone number of each person applying for the license;
(ii) The name, address, and telephone number of each person holding an ownership, leasehold, or other interest in the panoram device;
(iii) The name, address, and telephone number of each person responsible for the operation of the panoram device;
(iv) The address at which the panoram device is to located; and
(v) A description of the panoram device, including make, model, and serial number.
(c) With each application for a panoram operator’s license or license renewal, applicant shall provide:
(i) The name, address, and telephone number of each person applying for the license;
(ii) The name, address, and telephone number of each person holding an ownership, leasehold, or other interest in the panoram device; and
(iii) A list of panoram devices and premises at which panoram devices are located, together with a description of all panoram devices, including make, model, and serial number. [Ord. 1684 § 1, 2017; Ord. 1035 § 6, 1993.]
5.31.070 Inspection of panoram premises.
(1) An applicant for a license under this chapter with respect to a premises or devices shall allow such premises or devices to be inspected by authorized inspectors from South King Fire and Rescue, City Police Department, City Department of Community Development, and Seattle-King County Health Department, for the purpose of determining whether such premises and devices comply with this chapter.
(2) Licensees operating under this chapter shall hold those areas upon the premises which are accessible to the public and the devices therein open for routine regulatory inspections by South King Fire and Rescue or the City Police Department during normal business hours. [Ord. 1684 § 2, 2017: Ord. 1035 § 7, 1993.]
5.31.080 Issuance of licenses.
(1) Within 30 days of the date of filing of an application, the city clerk shall issue the license or licenses applied for or license renewals, or notice of nonissuance and the reasons therefor.
(2) The city clerk shall issue the license or licenses applied for if and only if, after an investigation, the city clerk finds:
(a) That the business for which a license is required by this chapter will be conducted in a building, structure, and location which complies with the requirements and standards of this chapter; and
(b) That the applicant, the applicant’s employee, agent, partner, director, officer, stockholder, or manager has not knowingly made false, misleading, or fraudulent statements of material fact in the application for a license, or in reports or records required to be filed with the city clerk.
(3) The city clerk shall renew a license upon application unless the city clerk is aware of facts that would disqualify the applicant from holding the license for which they seek renewal. [Ord. 1035 § 8, 1993.]
5.31.090 Suspension or revocation of licenses – Notices – Summary suspension.
(1) After an investigation and upon the recommendation of the chief of police, community development director, fire chief, or the Seattle-King County health officer, the city clerk may, upon 30 days’ notice, temporarily or permanently suspend or revoke a license issued pursuant to this chapter where one or more of the following conditions exist:
(a) The license was procured by fraud or misrepresentation of a material fact in the application or in reports or records required to be filed with the city clerk; or
(b) The building, structure, equipment, or location of the business for which the license was issued does not comply with the requirements or the standards of this chapter.
(2) If the city clerk finds that any conditions set forth in DMMC 5.31.090(1) exists, and that such condition constitutes a threat of immediate serious injury or damage to persons or property, the city clerk may immediately suspend a license issued under this chapter pending a hearing in accordance with DMMC 5.31.100. The city clerk shall issue a notice setting forth the basis for the city clerk’s action and the facts supporting the city clerk’s finding regarding the condition found to exist that constitutes a threat of immediate serious injury or damage to person or property. [Ord. 1035 § 9, 1993.]
5.31.100 Appeal and hearing.
A person aggrieved by the action of the city clerk in refusing to issue or renew a license under this chapter or in temporarily or permanently suspending or revoking a license under this chapter shall have the right to appeal such action to the hearing examiner in accordance with the hearing examiner code by filing a written notice of appeal, that must be filed within 10 days of such decision. [Ord. 1035 § 10, 1993.]
5.31.110 Premises regulations.
The city clerk shall not license a panoram premises that does not conform to the requirements of this section and shall revoke or suspend the license of a panoram premises, and the license of an operator thereof, that does not maintain conformity with these requirements.
(1) The interior of every panoram station shall be arranged in such a manner that the view from a continuous main aisle of a person viewing a panoram shall not be obstructed. There shall be no doors, curtains, or other obstructions to such view.
(2) The panoram stations on a panoram premises shall be separated by partitions constructed of wood or other solid and opaque material. No openings in such partitions for ventilation or other purposes shall extend higher than 12 inches from the floor or lower than 84 inches from the floor.
(3) The licensee shall not permit doors to areas on the premises that are available for use by persons other than the licensee or employees of the licensee to be locked during business hours.
(4) The licensee shall maintain illumination equally distributed in all parts of the premises available for use by public in compliance with the city building code, at all times when the premises are open or when a member of the public is permitted to enter and remain therein.
(5) The entire floor area of a panoram booth or stall must be level with the continuous main aisle. No steps, ramps, or risers are allowed in a booth or stall.
(6) The licensee shall permanently post and maintain on the interior and exterior of each booth or stall on the panoram premises a sign with one-inch lettering on a contrasting background stating:
Occupancy of this booth is at all times limited to only one person. Violators are subject to criminal prosecution under Des Moines Municipal Code Chapter 5.31.
(7) The licensee shall not operate or maintain warning systems or devices, of any nature or kind, for the purpose of warning customers or patrons or other persons occupying panoram booths or stalls located on the licensee’s premises that police officers or health, fire, licensing, or building inspectors are approaching or have entered the licensee’s premises.
(8) A licensed panoram operator shall be on the premises at all time that the premises is open to the public for business. [Ord. 1035 § 11, 1993.]
5.31.120 Unlawful acts.
(1) A panoram booth or stall subject to the requirements of this chapter may only be occupied by one person at one time. It is unlawful for a person to occupy such a booth or stall at the same time it is occupied by another person.
(2) It is unlawful to stand or kneel on a chair or seating surface in a panoram booth or stall.
(3) It is unlawful for an owner, operator, manager, employee, or other person in charge of premises for which a panoram location license is required to warn, aid, and abet the warning of, customers or patrons or other persons occupying panoram booths or stalls located on the licensee’s premises that police officer or health, fire, licensing, or building inspectors are approaching or have entered the licensee’s premises.
(4) It is unlawful for a person under the age of 18 years to be in or upon a premises for which a panoram location license is required.
(5) It is unlawful for an owner, operator, manager, or a person in charge of premises for which a panoram location license is required to knowingly permit or allow a person under the age of 18 years to be in or upon such premises. [Ord. 1035 § 12, 1993.]
5.31.130 Violation – Penalty.
A violation of or failure to comply with this chapter is a gross misdemeanor. [Ord. 1035 § 13, 1993.]